---
kind: "section"
citation: "32 C.F.R. § 757.15"
title: "32"
number: "757.15"
heading: "Claims not asserted."
url: "https://uscodex.org/cfr/32/757.15"
---

# §757.15. Claims not asserted.


In some cases, public policy considerations limit the DoN's assertion of claims against apparent third-party tortfeasors or a contract where the Government would be a third party beneficiary. Claims are not asserted against:

- (a) **Federal Government agencies.** Claims are not asserted against any department, agency or instrumentality of the United States. “Agency or instrumentality” includes self-insured, non-appropriated-fund activities but does not include private associations.
- (b) **Injured service members, dependents, and employees of the United States.** Claims are not asserted directly against a servicemember, the dependent of a servicemember, or an employee of the United States who is injured as a result of his own willful or negligent acts. The United States does assert, however, against policies that cover the injury.
- (c) **Employers of merchant seamen.** Claims are not asserted against the employer of a merchant seaman who receives Federal medical care under [42 U.S.C. 249](/usc/42/249.md).
- (d) **Department of Veterans' Affairs care for service-connected disability.** Claims are not asserted for care provided to a veteran by the Department of Veterans' Affairs when the care is for a service-connected disability. The United States will, however, claim for the reasonable value of care provided an individual before he is transferred to a Department of Veterans' Affairs hospital. This policy does not apply in cases where the MTF referred the patient to the Veterans' Affairs hospital and then paid for the care.

## Notes

### Amendments

[57 FR 5072, Feb. 12, 1992, as amended at 72 FR 53428, Sept. 19, 2007]

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. 939, 5013, and 5148; E.O. 11476, 3 CFR, 1969 Comp., p. 132; 32 CFR 700.206 and 700.1202.

### Source

Source: 57 FR 5072, Feb. 12, 1992, unless otherwise noted.

### Amendments

[57 FR 5072, Feb. 12, 1992, as amended at 72 FR 53428, Sept. 19, 2007]